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Renewable Energy and Energy Storage Facility Siting

All MPSC workgroup meetings are being conducted via teleconference. Remote access information for upcoming meetings is available on our calendar of events.

On November 28, 2023, Governor Gretchen Whitmer signed House Bill 5120 (PA 233 of 2023) which provides siting authority to the Commission for utility-scale wind, solar, and energy storage facilities under specified conditions. The MPSC conducted public engagement sessions to gather input on the implementation of PA 233. PA 233 is effective on November 29, 2024.

Commission Actions to Date

On February 8, 2024, the Commission issued an Order in Case No. U-21547 directing the Staff to hold public meetings starting in March 2024, engage with experts, local units of government, project developers and other interested persons to consider issues relating to application filing instructions or guidelines, the potential use of consultants and assessment of application fees, pre-application consultations, to consider guidance for use in the development of compatible renewable energy ordinances, as well as any additional issues that may arise during the engagement process.  The Order directs Staff to file recommendations on application filing instructions, guidance relating to compatible renewable energy ordinances, and other recommendations by June 21, 2024, followed by a period for comments until July 17, 2024, and reply comments until August 9, 2024. 

On October 10, 2024, the Commission issued an Order in the same docket, adopting final Application Filing Instructions and Procedures to be used by electric providers and independent power producers seeking to obtain a certificate from the Commission for authority to site an energy facility pursuant to Act 233 of 2023.

Next Steps

Staff conducted a series of workshops, or engagement sessions to obtain input and feedback on draft guidance and application instructions prior to filing. The MPSC Staff filed its draft Application Instructions and Procedures for Renewable Energy and Energy Storage Facility Siting for consideration in Case No. U-21547 on June 21, 2024. As previously outlined by the Commission in the February 8th Order requesting Staff's draft, initial comment are requested to be filed in the docket by July 17, 2024, and reply comments by August 9, 2024, in Case No. U-21547.

Staff filed its draft Sound Report Guidelines for consideration on August 22, 2024. Comments on the sound modeling are requested by September 11, 2024.

Comments may be filed directly by clicking the submit comment button from the MPSC Case No. U-21547 E Docket webpage. 

Application Filing Instructions and Procedures

PA 233 Application Filing Instructions and Procedures

PA 233 Application Checklist

Sample Decommissioning Agreement

Contact us at:

LARA-MPSC-Siting@michigan.gov

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Meeting Schedule

September 4, 2024 (Teleconference Only)

Meeting Event | Agenda | Presentation | Recording

July 10, 2024 (Teleconference Only)

Meeting Event | Presentation | Recording

May 28, 2024 (Teleconference Only)

Meeting Event | Agenda | Comment Request | Comments ReceivedPresentation Recording

May 15, 2024* (Teleconference Only)

* Date Changed from May 17th to May 15th

Meeting Event | Agenda | Comment Request |Comments ReceivedPresentation Recording

April 26, 2024 (Teleconference Only)

Meeting Event | Agenda | Comments Received | Presentation | Recording

April 5, 2024 (Teleconference Only)

Meeting Event | Agenda Comment Request | Presentation Recording

March 19, 2024 1:30 pm (Teleconference Only)

Meeting Event | Agenda | Presentation | Recording

March 7, 2024 1:30 pm (Teleconference Only)

Meeting Event | Agenda | Presentation | Recording | Comments Received

 

Implementation Status: In Process

Lead Staff: Sarah Mullkoff and Cathy Cole

 

Frequently Asked Questions

What facilities are covered by PA 233?

The siting process created in PA 233 applies to

  1. Solar facilities with a nameplate capacity of 50 MW or more,
  2. Wind facilities with a nameplate capacity of 100 MW or more, and
  3. Energy storage facilities with a nameplate capacity of 50 MW or more with a discharge capability of 200 MWh or more.

Under what specific conditions could an application be filed with the Commission under PA 233?

  1. When a local unit of government requests the Commission to require an electric provider or independent power producer to file an application for a certificate with the Commission under Section 222(2) of Act 233,
  2. When a local unit of government does not have a compatible renewable energy ordinance (CREO),
  3. When a local unit of government fails to approve or deny the request in a timely manner,
  4. When a local unit of government denies an application that complies with the requirements of Section 226 of Act 233, or
  5. When a local unit of government amends its zoning ordinance after notice of a compatible renewable energy ordinance and the amendment imposes additional requirements on the development of energy facilities that are more restrictive than those in Section 226(8) of Act 233.

Does PA 233 take away control from local landowners?

No. Participating or not participating in a renewable energy or energy storage project is a decision for individual landowners. Commission approval of a siting certificate under PA 233 does not confer the power of eminent domain or require landowners to participate against their wishes.

PA 233 is effective on November 29, 2024.

Additional Resources

Renewable Energy Academy- Led by EGLE's Energy Service Unit, the Renewable Energy Academy is a one-stop shop for large-scale renewable energy in Michigan, hosting a hub for resources, tools, and experts in the field, and providing no-cost technical assistance to communities.

Renewable Ready Communities Award - EGLE will provide $5,000 per megawatt (MW) to permitters and expectant hosts of eligibility utility-scale renewable energy projects which underwent local permitting processes, with $2,500 per MW granted to each awardee in cases when host and permitter differ. There is no deadline to apply to this solicitation. This award will remain open until funds are depleted. 

Power in Partnership: A team of graduate students in the University of Michigan’s Master of Urban and Regional Planning program created the below report on siting utility-scale renewables in Michigan. The report synthesizes state- and local- level siting practices in California, Minnesota, New York, Ohio, and Wisconsin. The report compares state level siting authorities and provides specific analyses of wind, solar and battery storage projects supported by academic literature, case studies, policy research, and interviews with technical experts.  The opinions and suggestions laid out in the report are those of the researchers and though they were created with the Michigan Public Service Commission in mind, they do not represent the official views or confirmed future actions of the MPSC or its staff. They are merely suggested avenues for further exploration. This report provides insight into existing structures for utility-scale renewable energy siting and is provided here as a resource giving background and context on the topic for interested parties. 

 

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